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HomeMy WebLinkAbout03/05/1973MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA Monday, March 5, 1973 - 7:00 P.M. CITY HALL Pledge j Roll Call 1 'f I PRESENT: Councilmen Blake, Brown, Graham and Gurnee, and Mayor Schwartz _.I ABSENT: None City Staff: PRESENT: . J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; A. J. Shaw, City Attorney; E. L. Rodgers, Police Chief; Ron Young, Director Planning Department; D. F. Romero, City Engineer; R. A. Paul, Water Department Director; William Flory, Director Parks & Recreation. C -1. City Clerk reported on bids received for replacement of certain City vehicles, Bids received March 2, 1973 at 2:00 P.M. R. D. Miller, Administrative Officer, explained that due to a mix up in the specifications for certain vehicles, he recommends that the City Council reject all bids and that new specifications be called for and bids advertised. Councilman Gurnee asked that before the City Council authorizes a new call for bids, that the Administrative Officer be asked to look into cost and delivery of State purchase of vehicles. R. D. Miller, Administrative Officer, explained the disadvantages of purchasing automobiles through the State rather than through local dealers. Councilman Blake felt that the City should continue to purchase all motor. vehicles from local auto dealers only. R. D. Miller continued to urge the City Council to not change the timing on this year's cars due to short time left before the plants shut down for re- tooling. On motion of Councilman Blake, seconded by Councilman Gurnee that the Administrative Officer be authorized to call for bids on new specifica- tions and the Administrative Officer was asked to look into the possibil- ity of State purchases in the future. - Motion carried. C -2. Communication from Sinsheimer School PTA pointing out certain 1 traffic hazards in their area and asking the City Council to take action to improve the safety of the school children.was referred to the Traffic Committee. C -3. Council consideration of the annual transportation claim with the San Luis Obispo Cities and County Area Planning and Coordinating Council was referred to the City Engineer for preparation of suggested list of projects for 1973 -74. C -4. Claim against the City by Shirley Ann Palmer for injuries sus- tained when the sidewalk door for Stereo Warehouse was opened and she was knocked down was denied and referred to responsible merchants. City Council Minutes March 5, 1973 Page 2 C -5. Claim against the City for personal insuries by Robert Lewis Spellman was denied and referred to insurance carrier. C -6. Claim against the City by Charles Maino for damage to his vehicle during the flooding on January 13 when a grader attempted to move his car out of a flooded area was denied and referred to insurance carrier. C -7. Request from the Employees Association to have a soft drink and candy machine placed in the employee's lounge approved and authorized. C -8. Minutes of the Mass Transportation Committee meeting held February 20, 1973 was ordered received and filed. C -9. Report from LAFCO regarding the proposed Southwood Annexation was referred to the City Attorney for preparation of the necessary doc- uments. C -10 and C -10A. Communication from La Fiesta Association requesting Council approval of their 1973 plans and cooperation in closing certain streets during La Fiesta, and also Council'consideration of request for use of Mission Plaza during La Fiesta for a craft show and sales as done in the previous year. R. D. Miller, Administrative Officer, made the following recommendations: 1. Lane Wilson, Park Foreman, be the Coordinator for the Mission Plaza project; 2. That the Fiesta Association submit a proof of liability to the City Clerk for the Fiesta 1973; 3. That the City Council adopt a resolution authorizing the closing of Highway 227; 4. That the Fiesta Association get authority to close the Worden Bridge from the property owner; and 5. That the City Council require fees for any art sales at Mission Plaza. On motion of Councilman Blake, seconded by Councilman Gurnee that the Administrative Officer's recommendations be accepted except that the $50 business license for the Arts and Crafts Show be waived, that the Mission Plaza be used subject to approval by the City and that the Fiesta furnish proof of liability insurance to the City's satisfaction. Motion carried. 0-11. The following contract payment approved: Lee Wilson Electric Est. #2 $7,298.69 Traffic Signal Installation Johnson Avenue 8 Lizzie Street City Plan 16 -72 C -12. Communication from Tom Harding, Deputy Director of Civil Defense, requesting authorization to organize . and train a volunteer Emergency Corps to aid City in time of disaster or -emergency was approved in principle and referred to the Administrative Officer, Fire Chief and Police Chief for guidance prior to recruiting of personnel. C -13. Request that the City Council authorize a letter to O.E.S. designating R.D. Miller, D.F. Romero and Robert Vosburg, as applica- tion agents to apply for fund.reimbursement of emergency expenditures was approved. 1 f� I City Council Minutes March 5, 1973 Page 3 All consent items except 10 and l0A approved on motion of Councilman Graham, seconded by Councilman Brown on the following roll call vote: AYES: Councilmen Blake, Brown, Graham and Gurnee, and Mayor Schwartz NOES: None ABSENT: None 1. R. A. Paul, Water Department Director, presented a resolution for the Council's consideration revising the acreage and front footage charges for connection to the City water system. A. J. Shaw, City Attorney, reviewed the contents of the resolution for the Council's information increasing the acreage from $350 per acre to $730 Der acre. Councilman Graham urged that this matter be discussed with other water matters to be studied on March 19, 1973. Councilman Brown agreed with Councilman Graham. Councilman Gurnee stated that it was the Council's decision to take this matter ahead of the other water matters and should be decided at this time. Mayor Schwartz agreed with the proposal recommended to the City Council by the Citizen's Advisory Commission to place these costs in resolution form rather than an ordinance. On motion of Councilman Gurnee, seconded by Ma or Schwartz the following resolution was introduced: RESOLUTION N0. 242d (1973 Series), a resolution of the Council of the City of San Luis Obispo revising acreage and front footage charges for connection to the City Water System. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Gurnee and Brown, and Mayor Schwartz NOES: Graham ABSENT: None 2. A request from Shelton & Newell for permission to build on two lots on San Marcos Court within 20 feet of the creek in an area which did not flood in January 1973. D. F. Romero, City Engineer, explained that this property did not flood during the 1973 flood, that he recommended that the buiCding be required to be raised so that the floor of the house would be raised an additional 12 to 13 inches above ground level. He continued that these building paths did not flood but that the water did sheet across them during the 1973 flood, due to the failure of a culvert under the lots. Councilman Gurnee stated that at the time the Council adopted the urgency ordinance, it was on condition that the Planning Commission and the Water Advisory Committee look into the request for exceptions to the ordinance requirements. A.J. Shaw, City Attorney, read the pertinent provisions of Ordinance 575 dealing with exceptions and variances to the 20 foot setback. City Council Minutes March 51 1973 Page 4 Mayor Schwartz explained that the City is facing suits of over $700,000 because the City allowed people to build on areas subject to flood and that since the floods, property owners are now trying to justify an exception to the ordinance and this is inspite of the City's statement that the head walls on the culvert failed which allowed the water to sheet over the property. Councilman Gurnee agreed that the Council should be very careful in allowing development of buildings in areas subject to flood or over- flow from drainage areas and he feels that Council should be aware of potential suits in allowing development in flood prone areas. Mayor Schwartz explained the purpose of the urgency ordinance was to place a limited moratorium on buidings within 20 feet of creeks until the Planning Commission has conducted necessary studies and made recommendations to the City Council for new ordinances. On motion of Councilman Gurnee, seconded by Councilman Graham that the request be received and filed. Motion carried on the following roll call vote: AYES: Councilmen Gurnee, Graham and Mayor Schwartz NOES: Councilmen Blake and Brown ABSENT: None Mr. James Whitley, property owner, appealed the Council decision in not allowing him to develop his lot with an exception to the Urgency Ordinance No.575.He felt that he had been treated shabbily as there was no damage to the lot caused by rain or flood in 1973. He admitted that the lot did lose 5 feet at the rear of the lot due to the storm, but this was not of great consequence. He also felt that the head wall of the culvert under these two lots failed and water went over the lot, but he did not feel that this was too serious. He stated that he and his wife wished to proceed with construction and hoped that the City Council would take another look at their problem. 3. Communication from Volny Construction Co. requesting.Council permission to proceed with construction of the San Luis National Bank Building at the corner of Santa Rosa and Foothill, in an area now designated as a flood prone area. D. F. Romero, City Engineer, explained that when Stenner Creek did over top, the water went across the San Luis National Bank, property, but back to the creek. He felt that if the bank building were built a little higher and the parking lot a little lower, future water flooding across the parking lot would not damage or enter the building. A. J. Shaw, City Attorney, again explained provisions of Ordinance 575 regarding flood and flood prone areas. D.F. Romero, City Engineer, again stated that this area did not flood during the 1973 flood, but he recommended that the builder.be_ required to raise the floor. A. Volny, Builder, felt that he and his principles would agree to any plan which would allow them to build the bank building. He continued that he has amended his plan to comply with all requirements of the Planning Commission for development. He reviewed for the City Council the development of the property by the San Luis Obispo National Bank. On motion of Counci'man Gurnee, seconded by Councilman Graham that the request be received and filed. 1 1 1 City Council Minutes March 5, 1973 Page 5 Motion carried on the following roll call vote: AYES: Councilmen Graham and Gurnee, and Mayor Schwartz NOES: Councilmen Blake and Brown ABSENT: None 4. The following petition received from 11 residents of the Murray - Broad area asking that the City Council correct a drainage problem which has been created on Broad St. 1) Replace the spillway mentioned. 2) Remove all filling and other obstructions which would cause the unnamed creek from flowing in its old creek bed. 3) Stop all construction and /or change in the terrain any place upstream from the intersection of Broad and Murray Streets until such time as guarantees can be made that no future flooding will occur. Further, the petitioners felt that the construction of several low bridges over Garden Creek by Tropicana Village resulted in causing said creek to leave its natural course and flow across the Tropicana parking lot on to Broad Street and then into Murray Avenue and that these ob- stacles to the proper flow of Garden Creek should be either removed or rebuilt to allow adequate clearance for waters during storm conditions. D. F. Romero, City Engineer, explained that the area in question has flooded continually and it was caused by the too small culvert under the ' street across from the Bressi property and through private property and nothing has been done to correct this problem. Also, one of the bridges below the Tropicana property is not usable due to the location of the entrance of the culvert barrel, thereby causing flooding at the inter- section. Robert Newby, 731 Murray Street, reviewed for the City Council what happened during the 1973 flood which caused great amounts of water and debris to damage residences in the area. E. L. Mayo, 721 Murray Street, spoke on behalf of his neighbors whose properties were damaged during the 1973 flood, caused by uncontrolled water from the Bressi area and from the Tropicana Village area. D. F. Romero felt that the creek through Tropicana Village is not proper- ly maintained and caused flood problems. He suggested that the Water- ways Committee should look into the creek and bridge problems on the Tropicana property. The matter was receivedandfiled and the staff was asked to keep petitioners aware of future hearings on this improvement. Mayor Schwartz left the meeting at 8:35 P.M. 5. Communication from the San Luis Obispo - County Department of Public Health, Division of Environmental Health brought to the Council's atten- tion that during the recent flood, several sewer lines serving buildings along the creek had been damaged, loosened or severed, thereby discharging raw sewage directly into the City's creek system. In order to prevent the reoccurrence of this public health hazard, the Health Department recommended that the City Council consider passage of an ordinance re- quiring sewer lines of all buildings overhanging or immediately adjacent to creeks be located and protected so that they are not precariously ex- posed. Sewer lines crossing creeks should also be provided protection against flood damage. Secondly, the Health Department discovered that City Council Minutes March 51 1973 Page 6 92 sunken vault -type refuse containers had been constructed in the Deeter Tract 410 known as La Canada Village. The stainless, Brain- less container pits posed the following health and safety hazards: 1) Odors, insect attraction and insanitary conditions due to spillage of garbage into pits. 2) Water draining into pits causes cans and covers to pop off, whereas the pits are located in the sidewalks, exposed cans create a safety hazard for pedestrians. 3) Sunken cans constitute an occupational health hazard to sanitation employees due to the awkward body mechanics required to lift the filled cans. Water draining into the cans increased the weight by a factor of 8.33 pounds per gallon. 4) Potential fly and mosquito breeding in standing water, garbage infusion in the bottom of the pits. The Department recommends the construction of these sunken container pits be prohibited with the San Luis Obsipo City limits, have a plan checking policy or ordinance amendment. It is hoped that measures can be taken to eliminate the existing units, possibly via the nuisance abatement ordinance. The Division of Environmental Health stated that they stood by to help the Council in anyway they could in this matter. D. F. Romero, City Engineer, explained that the City staff is now studying methods to move City sewer lines that are adjacent to or over creeks and they would bring their recommendations back to the City Council on remedies on this problem. On other utilities lines, they felt that it could be handled through the new ordinance on water and through the nuisance abatement proceedings. Councilman Blake requested that Item 2, regarding the garbage cans in Deeter Tract be referred to the Building Department for review and recommendation to the City Council. 8:45 P.M. Vice Mayor Blake called a recess. 9:00 P.M. City Council reconvened, all Councilmen present, Mayor Schwartz absent. 9:10 P.M. Mavor Schwartz returned to the meeting and took his place at Council table. 6. At this time the City Council considered the final map and sub - division agreement for Tract 460 (Volnv- Ferrini) and also submitted the special conditions of the subdivision agreement for Council consideration. 1) The developer shall pay the City the sum of $3000, which is the fairmarket value of one -half (112) acre of land for future park development. 2) The developer shall pay the City the sum of $3901.58 (3901.58 [in. ft. of street frontage at $1 per foot) for street tree planting and maintenance. 3) The developer shall plant all graded areas with an approved planting and maintain this planting so as to have a good ground cover prior to November 1, 1973. 4) Lot depth exceptions are hereby granted for lots 1 and 2. City Council Minufes March 5, 1973 Page 7 5) The developer shall pay the City the sum of $3157.00 (9.02 net acres @ $350 per acre) connection fee to the City water system in accordance with Section 7410.5 of the Muni- cipal Code. 6) The subdivider shall be entitled to such reimbursements as are specified under Sections 7410.7 and 7500.7 of the San Luis Obispo Municipal Code for a share of the water and sewer lines to be installed on Patricia Drive. 7) Grading permit fees in the amount of $300 shall be de- posited with and treated as normal subdivision inspection fees. D. F. Romero, City Engineer, then reviewed the final map of Tract 460, the improvements planned, etc. Councilman Brown stated that he felt that the layout is the most logical use of the land, but he felt that the drainage should be underground in lot ° and open through lot 9. Councilman Gurnee questioned the amount of run -off that will be generated by this development, which in turn effects property down along the Old Garden Creek. Councilman Blake felt that this tract was not going to cause any flood problems beyond which had been caused in the past. He felt that it was unfair to try to visit all the storm problems in the Old Garden Creek area upon this one subdivision. He also felt that what disturbed him the most was the placement of drainage in culverts through the tract and felt that it should be kept open in order to keep channels for future open space, etc. Councilman Gurnee felt that the question of run -off and drainage in Tract 460 had been satisfied for him, but he felt these questions must be answered before he could vote for the approval of the map. Councilman Blake felt that this Council was now changing the approval criteria for development of subdivisions in the City. He felt that a developer should be allowed to complete his tract under the policy or criteria in effect at the time of approving the tentative map. Councilman Brown felt that the City Council should approve all the tract in an open and above board way and not allow improvements that could cause trouble somewhere else. He felt that the City should continue to improve drainage below this tract. He felt that the Council should approve the tract without upgrading the storm standards. Mayor Schwartz stated to the City would add system. He felt that development. He also not agree with the co be left open. that he recognized that adding any development additional storm water within the City's drainage the City must accept some risk in accepting new felt that he would vote no on this map as he did Ilection of the drainage and he felt that it should On motion of Councilman Gurnee, seconded by Councilman Graham that the ' City Council deny the final map of Tract 460 as presented on the basis that the drainage collection system is a potential danger to property downstream based on information on the last flood. Motion carried on the following roll call vote: AYES: Councilmen Gurnee and Graham, and Mayor Schwartz NOES: Councilmen Blake and Brown ABSENT: None City Council Minutes March 5, 1973 Page 3 A. Volny asked the City Council where and what to do now. He has tried to comply with every recommendation of the Planning Commission and City Council and staff and would like to know how he may proceed. He was referred back to the City Planning Commission for rediscussion of his project. 7. Communi.cation from the Planning Commission that the City 1 Council consider abandonment of the unimproved portion of Dana Street between Slack and Mc Collum Streets, subject to a permanent easement being reserved for utility company use to guarantee continued use and operation of these facilities in their present location and subject to a drainage easement in accordance with the requirements of the City Engineer. D. F. Romero, City Engineer, presented a map showing the location of that portion of Dana Street recommended for abandonment by the Planning Commission. On motion of Councilman Graham, seconded by Councilman Brown that the City Council adopt a resolution of intention to abandon that portion of Dana Street between Slack and Mc Col lum Streets. Motion carried on the following roll call vote: AYES: Councilmen Blake, Brown, Graham and Gurnee, and Mayor Schwartz NOES: None ABSENT: None 2. Communication from the Mass Transit Subcommittee that a mass transit study be funded from the General Fund of the City and that the City not consider the use of SB 325 Funds at this time, due to the need to avoid delay in applying for the funds and the questionable probability that the City should comply with all requirements in the short period of time available for submittal of the application. The Committee also recommended that the City request that Cal Poly be asked to submit a proposal for the study. The basis for the recommendation was that the study would be less costly than a study prepared by a consultant, further that Cal Poly has a high degree of competence in transportation engineering and that Cal Poly would have a specialized interest in conducting the study in that many problems are common to City and the University. The Mass Transit Committee then submitted a resolution for the Council's consideration: 1) That the City defer any action at this time in the hiring of a consultant. 2) That the City between now and July 1 work in cooperation with the County in the formulation of the goals and objectives and scope of County transportation plan in order to insure the requii-rements of the City are incorporated into the County transportation plan. 3) As of July 1, 1973, the City adopt one of the following two alternatives with respect to the hi-ring of a City trans- portation consultant: a. The City hire its own consultant with the understand- ing that the consultant utilize County developed data where appropriate, to meet the unique requirements of-the City. City Council Minutes March 5, 1973 Page 9 b. The City employ the County's consultant, by an explicit agreement to develop unique data'as required by the City, while the consultant is concurrently developing the County plan. Ken Silva, member of the Mass Transit Committee, stated that he had seen the contract with Chapman Associates and that it does not include any special recommendations for a mass transit study. He objected to the manner in which the resolution was done.over a phone in making the recommendation to the City Council. He felt that the City Council should proceed with its own survey in order to comply with SB 325. On motion of Councilman Gurnee, seconded by Councilman Brown the following resolution was introduced: RESOLUTION NO. 2441 (1973 Series), a resolution of the Council of the City of San Luis Ob.ispo supporting certain recommendations of the Mass Transit Subcommittee. Passed and adopted on the following roll call vote: AYES: Councilmen Blake, Brown and Gurnee NOES: Councilman Graham ABSTAIN: Mayor Schwartz ABSENT: None 9. Communication from the Park & Recreation Commission that the City Council consider removing the old Pacific Coast box car from the City's Senior Citizen area at Mitchell Park; so that the area will be clear for development in the new addition to the Senior Citizen's Center. On motion of Councilman Gurnee, seconded by Councilman Blake that the City Clerk be authorized to write a letter to the owners asking that the box car be removed from Mitchell Park. The matter was continued to March 19, 1973 for report. Mr. Lauderbach, ECOSLO, asked if the City Council could donate the box car to the Environmental Center located at the City sewer plant so that materials could be kept out of the rain as they have no protec- tion at this time. City Council stated that they would keep this request under consideration at the time of final disposal of the box car. 10. At this time, the City Engineer, D.F. Romero, presented plans and specifications for emergency repairs of City streets damaged during the January storms. City Engineer presented the plans and specifications and reviewed the scope of the work to be carried out under these con- tracts: 1) Los Osos Road - Prefumo Canyon Road 2) Mission Street west of Chorro Street 3) Fredericks west of Grand Avenue He estimates the cost of these repairs to be $6500. On motion of Councilman Blake, seconded by Councilman Brown the plans and specifications were approved and the City Engineer was authorized to call for bids. City Council Minutes March 5, 1973 Page 10 11. Council consideration of memorandum from Councilman Gurnee requesting Council to ban smoking in the Council Chambers during meetings, Also a petition from City employees in the City Hall ask- ing that the City Council ban smoking within the building for Cif employees and the general public. The base of the petition was that the ban would increase the overall efficiency of the employees, safe- guard the health of non - smokers and provide a better working environment. Currently, there are 38 employees who work at City Hall, 12 of which smoke to some extent. It was the employees feeling that they were not intending to penalize the smokers, but to provide equal rights for non- smokers. Councilman Gurnee spoke out on behalf of his request for Council to ban smoking within the Council Chambers and within City Hall: Councilman Blake stated that he was opposed to the smoking ban in City Hall and particularly in the Council Chambers. Councilman Brown stated that he had no strong feelings on smoking or not smoking in the Council Chambers. Councilman Graham agreed with the control of no smoking in the Council Chambers, but he felt that possibly the last three rows of the Chambers could be allowed for smokers. Councilman Blake stated that he was opposed to any no smoking ban in the City Hall as he fel-t that it was an injustice to smokers who had not been coming to Council meetings. Pat Gerety, City employee, spoke in support of the no smoking in City Hall requested by City employees. Mr. Harold Fields spoke in opposition to a no smoking ban. ' Peter Vincent spoke in support of a no smoking ban in City Hall. A. J. Shaw, City Attorney, stated that the City Council could adopt rules banning smoking in the City Council Chambers if they so desired. Councilman Blake moved that Item 11 smoking ban be tabled. Motion lost for lack of a second. Mayor Schwartz spoke-in favor of the smoking ban in the Council Chambers in respect to the non- smokers, but he felt in respect to Councilman Blake they could make the ban effective May 1, 1973. On motion of Councilman Gurnee, seconded by Mayor Schwartz that 1) That the City Council ban smoking in Council Chambers and include signing. 2) Remove all ash trays from the Council Chambers 3) Smoking in departments by a majority vote of employees in each department. Councilman Blake stated that he was opposed to the motion. Motion lost on the following roll call vote: AYES: Councilman Gurnee and Mayor Schwartz NOES: Councilmen Blake, Brown and Graham ABSENT: None City Council Minutes March 5, 1973 Page 11 Councilman Blake again moved to table the issue. Motion was lost for lack of a second. On motion of Councilman Graham, seconded by Mayor Schwartz that smoking be banned in the Council Chambers with proper signing. Motion carried on the following roll call vote: a AYES: Councilmen Graham, Gurnee and Brown, and Mayor Schwartz NOES: Councilman Blake ABSENT: None 12. D. F. Romero, City Engineer, presented for the City Council various solutions to drainage problems at Laguna Lake. This was a proposal from the area Madonna Road inlet to the channel heading toward 101 Highway. He estimated the cost to be $290,000 including land, or $260,000 not including land. He stated that Mr. Kuden and Mr. Froom would give the City the land necessary for improving the drainage south and east of the Laguna Lake outlet as long as there would be no cost to the City, but that they be allowed to annex to the City as a condition of the land grant. The City Council discussed the best way to accomplish the recommendation of the City Engineer to solve the flooding problems in the vicinity of Laguna Lake. Councilman Graham suggested that D. F. Romero that this matter be Councilman Gurnee felt that the and specifications for the third outlet of Laguna Lake. The City Engineer was authorized in view of the additional input through studied a little more thoroughly. "ity Engineer should proceed with plans barrel under the Madonna Road at the to proceed with plans and specifications. 14. Communication from Pacific Telephone and Telegraph Co. asking for additional time to complete the underground utilities presently under construction to May 31, 1973 due to the particularly bad weather and the removal of fire alarm equipment which has been holding up the project. Similar request of the Pacific Gas and Electric Co. asking for an ex- tension of time to complete their undergrounding. On motion of Councilman Blake, seconded by Councilman Gurnee that the request of Pacific Telephone and Telegraph Co. and Pacific Gas and Electric Co. be extended 60 days for completion. Motion carried. 15. On motion of City Council adjourned to Executive Session. 16. On motion of Councilman Blake, seconded by Councilman Brown, the meeting adjourned to 12:10 P.M. Wednesday, March 7, 1973 to discuss flood related items. Motion carried. APPROVED: l PATRICK, CITY CLERK